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Originally Posted by Lakegeezer
...Skip can verify this...
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As Lakegeezer alluded to, we have had several discussions here in the past on New Hampshire tresspass law (RSA 635:2 Criminal Tresspass) and the State's adherence to the commom law concept of open lands.
That said, it is actually quite common to have someone camping on unposted private lands throughout the State, especially in it's less populated areas.
A few things to remember:
It is always preferable to obtain permission from a landowner prior to partaking of any physical activity on their property, although it is not a requirement under New Hampshire law.
When you do partake of an activity on private land, you must leave it as you found it unless you have permission of the landowner to alter the landscape. This means no fires, gathering or taking of firewood, leaving trash, or utilizing private utilities (water, electricity, phone services, etc.).
If approached by the landowner you must identify yourself when asked and also vacate the property immediately if told to do same.
That is probably the most important point, that you must leave the property immediately if requested to do so by the landowner, his authorized agent or a law enforcement official!
You cannot enter the property if it is posted legally, or a legal attempt has been made to post the property and you are obviously aware of this intent. For more information on posting please refer to RSA 635:4 (prescibed manner of posting).
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Originally Posted by Island lover
...If I find somebody pitching a tent on my island property they will get a surprise...
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I wouldn't recommend the "John Wayne" approach here. If you find someone on your property that you don't wish to be there and you feel comfortable approaching them, then simply identify yourself as the landowner (or landowner's agent) and ask them to leave. If you don't feel comfortable doing so, then contact the law enforcement agency with jurisdiction and have them ask the individuals to leave. Because New Hampshire recognizes the common law principle of open land, a request to vacate within a reasonable time & manner must be adhered to or you open yourself up to significant civil (and possible criminal) liability.
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Originally Posted by Island lover
...Perhaps they can camp on skip's lawn...
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Ahhh, shoot the messenger, eh?
Fortunately for me I have the landowner & government agent role all wrapped up into one, so I can kill two birds with one stone, so to speak!
As always, feel free to check with your own personal attorney or your local law enforcement agency about tresspass issues where you live, especially if you are a reader from another State.
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